Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The ITAT held that when adjustments made under section 143(1) are incorporated into a subsequent assessment order under section 143(3) r/w/s 144B, the doctrine of merger applies, allowing the assessee to challenge such adjustments in an appeal against the assessment order. While dismissing Revenue's ground that CIT(A) erred in entertaining the appeal challenging section 143(1) adjustments, the Tribunal found that CIT(A) failed to provide reasoning for accepting the assessee's contentions without calling for a remand report. Regarding TDS credit, the ITAT directed the AO to allow additional TDS credit of 27,40,247 after verifying that corresponding income was offered to tax, requiring the assessee to file a reconciliation statement as evidence.
The ITAT held that when adjustments made under section 143(1) are incorporated into a subsequent assessment order under section 143(3) r/w/s 144B, the doctrine of merger applies, allowing the assessee to challenge such adjustments in an appeal against the assessment order. While dismissing Revenue's ground that CIT(A) erred in entertaining the appeal challenging section 143(1) adjustments, the Tribunal found that CIT(A) failed to provide reasoning for accepting the assessee's contentions without calling for a remand report. Regarding TDS credit, the ITAT directed the AO to allow additional TDS credit of 27,40,247 after verifying that corresponding income was offered to tax, requiring the assessee to file a reconciliation statement as evidence.
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